Legal Question in Employment Law in California
I started working for a new compnay based in new port the company started since april and since I started I always take my lunch after the fifth hour witout getting paid the meal penalty.I was asked by my manager some personal question like if I am married .saying that he is not wearing his ring today so he is free,.He made jokes of my religion and believe,and since I complained to him he has been herrasing me on daily basics .today since I am a driver I drove a car that was crashed and had glasses everywhere without me knowing.I told him but actually he threated me saying that I ahve been working only for 2 months and a day .that if I dont do one thing wright he will fire me.I wasnt feeling good so asked to leave work after I clocked out he was forcing me to write a report I refused becasue I was out of the clock,he said that it doesnt matter I should still do it.I left .I had a panic attack after I left ,is there anythign I can do i am beeing herrased
3 Answers from Attorneys
While it is impossible to fully understand your situation and determine whether or not you have a case, it sounds like you may be the victim of discrimination, harassment, and/or retaliation. If your employer is treating you differently because you complained of the religious comments and the potential sexual harassment (comments about him not wearing a ring and being available), then you need to speak with an employment lawyer immediately.
My office would like to get your full story and assess your legal rights. The best way to get us the information we need is to complete our confidential online case evaluation questionnaire. Our website is www.sarnofflaw.com, and there you will find a link to the questionnaire. When you complete the form, we will be able to review your answers and get back to you as soon as we are able.
IF you can somehow prove through witnesses what you allege about the sexual and religious comments, and prove that they rose to the level of illegal harassment under the civil rights laws, then you might have a case to pursue. It has to be more than your word versus his to succeed.
Other than that, not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages. Now if you can prove the conduct was illegal under those definitions, feel free to contact me for the legal help you�ll need.
You may be able to file a worker's compensation claim for your panic attack since it is work-related. Feel free to call us at 213.388.7070 for a free consultation.
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